Rodger Dallery Smith, II

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Rodger D. Smith II — Morris, Nichols, Arsht & Tunnell LLP

Focus areas. Smith's practice is broad rather than confined to a single technology. His firm bio and litigation history span life sciences/Hatch-Waxman ANDA work (Pfizer, Bayer, Orion, Pharmacia, Alcon), chemicals and materials (Dow Chemical, Solenis), consumer and mechanical products (Gillette razors, child strollers/playards), lighting (Acuity Brands), gaming/lottery equipment (Scientific Games/GTECH), medical devices, and telecommunications/standards and wireless-adjacent technologies (Nokia, Samsung/Netlist, QUALCOMM). Recent dockets also include aviation Wi-Fi (SmartSky), data/software platforms (Data Health, ALTR Solutions), and LED/electronics matters, so the technology mix is genuinely cross-industry.

Side preference. He works both sides. The tracked appearances are 1 plaintiff and 3 defendant, giving a defense tilt in this sample, but his firm profile shows a substantial patentee-side practice as well (Dow, Bayer, Gillette, f'real Foods) alongside accused-infringer representations (Sony, GTECH, Hubbell, Teladoc). He is not an NPE/PAE-focused filer; the plaintiff-side work tends to be operating-company patent enforcement.

Firm context. He has spent his litigation career at Morris Nichols in Wilmington, Delaware, where he is a partner in the Intellectual Property Litigation Group and previously chaired the firm's executive committee (2014–2017). Before joining the firm he was an associate at Cravath, Swaine & Moore. Morris Nichols is a leading Delaware IP shop that serves as both lead and local counsel in a large share of District of Delaware patent cases. In several tracked matters his role is expressly local/Delaware counsel (Samsung v. Netlist; Data Health Partners v. Teladoc Health), while in others he has acted as lead counsel (Baby Jogger II v. Kolcraft; Nokia Technologies v. Paramount).

Notable matters and PTAB experience. His firm bio reports a $22.7 million jury verdict as lead counsel for SmartSky against Gogo Business Aviation in inflight Wi-Fi litigation, and a Federal Circuit affirmance (with permanent injunction and product recall) for f'real Foods against Hamilton Beach. In the tracked cases: he represents Samsung as local counsel against Netlist in Delaware; defends Paramount against Nokia Technologies (including a § 101 motion to dismiss in C.A. 25-1054-GBW); and defends Teladoc in Data Health Partners v. Teladoc Health, where the court denied Teladoc's § 101 dismissal motions (May 2024) and its third motion to dismiss (2026). He appears in PTAB proceedings as well — his name surfaces as counsel in IPRs including Teladoc v. Data Health Partners (IPR2024-00616) and a Baby Jogger-related IPR — though sourcing indicates his IPR role is frequently Delaware/local counsel rather than lead petitioner counsel, so his standalone PTAB track record is not clearly documented in public sources.

Bar/education. J.D., magna cum laude, NYU School of Law (1993); B.S., magna cum laude, University of Pennsylvania (1990); law clerk to the Hon. W. Eugene Davis, U.S. Court of Appeals for the Fifth Circuit; admitted in Delaware (1998) and New York (1994).

Note: sources are consistent that these are the same Wilmington, Delaware–based Rodger D. Smith II; a few public records list a 1994 Delaware admission, so the exact bar date should be confirmed against the state bar if precision matters.